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Terms & Conditions:

The terms and conditions apply to all business transactions carried out by DrumParam, owner: Norbert Schmid. No verbal conditions or guarantees expressed or implied shall have effect on these terms and conditions unless written and initialled by the owner of DrumParam.

1. Liability, responsibility, indemnification
1.1 DrumParam is obligated to fulfil all business transactions with the greatest care.
1.2 In the unlikely event that any product is imperfect, proved by a second, independent and technically competent opinion, DrumParam is obligated to subsequent improvement according to its own choice. All further claims are excluded. Reclamations of any kind have to be brought to notice of DrumParam in written form within a period of 14 days after delivery. Thereafter the product is seen as received in perfect condition.
1.3 If a subsequent improvement fails (e.g. in case of impossibility), the ordering party is in no legal position to claim any kind of indemnification, except when gross negligence or purpose can be proved. DrumParam is only obligated to a reduction of the price or, in case of impossibility, an annullation of the whole contract.

2. Contracting and terms of delivery
2.1 Orders are obligatory. Written orders are received personally, via letter, fax or signed email attachment, following these terms and conditions. Any verbal conditions or guarantees expressed or implied shall have effect on these terms and conditions only if they are in written form (handed over personally, via email attachment, letter or fax) and accepted by the owner of DrumParam.
2.2 After having placed a written order, the order becomes obligatory for the ordering party, that means the price for our services/products has to be paid on delivery.
2.3 A withdrawal from the contract at no extra charge is only possible when the agreed price or the date of delivery is exceeded substantially.
2.4 A withdrawal for any other reason, a returning or exchange are only according to the austrian law, Consumer Protection Act, possible.

3. Terms of payment
3.1 All invoices, notwithstanding other agreements, are to be paid on delivery; specific modes of payment can be arranged.
3.2 The date of the invoice is the date of delivery.
3.3 If other modes of payment or delivery are arranged, DrumParam will charge adequate costs for financing.
3.4 In case the customer is in default of payment DrumParam will charge interest for delay (0,35 % per week) as well as prompting and, should the occasion arise, lawyers fees. According to the "Verordnung des Bundesministeriums für wirtschaftliche Angelegenheiten BGBL 141/1996, § 3., Absatz 1.-6." the debtor is obligated to pay banking interest as well as all prompting fees and fees charged by an appropriate collection agency entrusted by DrumParam.
3.5 All articles of commerce remain in property of DrumParam until fully paid.
3.6 The arranged price is subject to change without notification between placing of the order and delivery. DrumParam has the right to pass on prices raised in order to changes of exchanging fees, the international financial situation or fees and taxes as well as in order to unpredictable changes of the costs of raw materials etc. to the customer.
3.7 Articles are subject to change as long as they remain adequate to their purpose.
3.8 If DrumParam, due to a rise in prices, a delay of delivery or alterations in a product, is not able to fulfil the modes of delivery as agreed to and the customer does not agree to the changed price or date of delivery or product, DrumParam has the right to withdraw from delivery.

4. General
4.1 This agreement shall be governed and constructed in accordance with Austrian Law each party thereto submits to the jurisdiction of the Austrian Courts.
4.2 Place of performance and legal domicile is St. Pölten.
4.3 All former terms and conditions lose their legal liability.

5. Final terms
5.1 If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect and shall not be affected, impaired or invalidated.
5.2 The customer agrees with DrumParam, that DrumParam may use pictures or descriptions of the articles made for the ordered at our public galleries on the DrumParam-website or in other media with advertising purpose. He agrees also in entering his name, or -and adress, URL in our list of customers, also maintained for advertising purposes.
5.2 Drumparam confirms to handle adress and data of costumers confidental and not to pass them to third parties without explicit approval.

Traders and partners DrumParam is authorised trader of Schlagwerk-Percussion.
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